(A) Adoption of state law. The provisions of M.S. §§ 624.20 through 624.25, inclusive, as they may be amended from time to time, are adopted by reference.
(B) License required. No person, without securing a permit from the city, shall do any of the following:
(1) Manufacture, store, or sell consumer fireworks; or
(2) Make a public display of fireworks.
(C) Definitions. For purposes of this section, CONSUMER FIREWORKS are defined as: wire or wood sparklers of not more than 100 grams of mixture per item, other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical mixture per tube, or a total of 500 grams or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers which include paper streamers, party poppers, string poppers, snappers, and drop pops, each consisting of not more than .25 grains of explosive mixture.
(D) Permit application. The application for the permit for the manufacturing, storage, and sale of consumer fireworks shall be made to the Fire Chief or Emergency Management Director. A criminal records check and determination by the Fire Chief or Emergency Management Director that the location where consumer fireworks are to be stored or sold is not hazardous to property or endangers any person and that the persons in charge of selling or storing the consumer fireworks are competent and trained to handle such consumer fireworks must be made prior to processing the application. The application for permit shall be accompanied by a letter from the owner of the property on which the sale is to take place. Such letter shall grant permission to the applicant for the use of the property. The application shall include a floor plan designating the area for manufacturing, storage, or display along with a list documenting the name, weight, and quantity of consumer fireworks within the building and be accompanied by the material safety data sheets. Applications must be made a minimum of ten days prior to operating. Any permit granted hereunder shall be nontransferable.
(E) License period and license fee. Licenses shall be issued for a calendar year. Permit fees shall not be prorated. The fee for the permit shall be that as provided in the current city fee schedule.
(F) Revocation of license. Following written notice and an opportunity for a hearing, the City Council may revoke a license for violation of this chapter or state law concerning the sale, use, or possession of fireworks. If a license is revoked, neither the applicant nor the licensed premises may obtain a license for 12 months.
(G) Terms and conditions for issuance of permit. A permit for manufacturing, storage, or retail sale of consumer fireworks shall be issued only upon the following terms and conditions:
(1) Neither the applicant nor the responsible party for the permit shall have been convicted of a felony, or a fire/fireworks-related misdemeanor within three years of the date of filing of the application;
(2) Transient sales of consumer fireworks are prohibited. No manufacturing, sales, or storage for commercial use shall occur on residentially zoned property or properties used for educational purposes or assemblies or property used for the dispensing of motor fuels;
(3) Consumer firework manufacturing, storage, or sales areas shall provide approved “no smoking” signs in red letters not less than two inches in height on white background. All signs shall be maintained in legible condition;
(4) Smoking and the discharge of consumer fireworks shall be prohibited within 100 feet of any building in which fireworks are manufactured, stored, or sold;
(5) Each permit holder shall have not less than two water-type or equivalent extinguishers of not less than two and one-half gallon capacity;
(6) The premises must be in compliance with the State Building Code and State Fire Code. There shall be at least two exits from all buildings from which fireworks are manufactured, stored, or sold;
(7) In buildings without an approved automatic sprinkler system, retail consumer fireworks indoor sales displays shall be limited to 50 pounds net pyrotechnic composition or 200 pounds gross weight, if the pyrotechnic composition weight is not known;
(8) Buildings protected throughout by an approved automatic sprinkler system shall be limited to 100 pounds net or 400 pounds gross weight if the pyrotechnic composition weight is not known;
(9) All facilities who obtain a permit shall post in a conspicuous location a list of all consumer fireworks displayed and stored on the property. The list shall document the name, weight, and quantity of the fireworks and be accompanied by the material safety data sheets. Upon request, samples of the fireworks shall be made available to the Fire Chief for testing;
(10) Manufacturing, warehouse buildings, or retail in excess of the quantities listed in divisions (G)(7) and (G)(8) above for retail consumer fireworks shall be classified as an (H) occupancy with explosives;
(11) Photo identification must be checked with each sale. Purchasers must be 18 years of age or older;
(12) The sale of consumer fireworks must be allowed by the zoning ordinance and must comply with all zoning ordinance requirements including signs;
(13) The premises are subject to inspection by city employees including police officers, fire and building officials during normal business hours; and
(14) Safety information approved by the Fire Chief must be distributed with each sale of consumer fireworks.
(H) Discharge rules and regulations.
(1) It is unlawful to use, fire, or discharge consumer fireworks along the route of and during any parade or at any place of public assembly or in any business zoning district.
(2) It is unlawful at any time to throw or toss consumer fireworks at any person, animal, vehicle, or other thing or object.
(3) Smoking and the discharge of consumer fireworks shall be prohibited within 100 feet of any building or stand in which fireworks are sold at retail or stored after hours.
(4) Consumer fireworks may only be discharged in an area with a water source connected to a hose or other acceptable means of putting out a fire.
(5) The Fire Chief may ban fireworks displays and the use of consumer fireworks if a drought is evident.
(6) Juveniles may not possess consumer fireworks unless under the direct supervision of a responsible adult.
(I) Public display. The public display of fireworks shall require a permit issued by the Clerk-Treasurer upon recommendation from the Chief of the Fire Department in accordance with M.S. § 624.22, as it may be amended from time to time.
(Ord. 8-4, passed 8-9-2010) Penalty, see § 130.99